Public hearing set on new rules for personal care homes

The City Council will hold a public hearing today regarding changes to rules governing "personal care homes" in residential neighborhoods.

The council, during a meeting at 7:30 a.m. that precedes the hearing, is looking to change its ordinance to come in line with new state laws and to better protect the neighborhoods surrounding the homes, some council members said.

Personal care homes provide housing and living assistance for senior citizens and the disabled. They serve as alternatives to nursing homes, and many are located in residential areas.

"It's more of a home in environment," said Teresa Scoggins, owner of PromiseLand on 40th Street. "They rent a bedroom, that's what they do."

The city's ordinance preventing no more than two unrelated people from living together provides an exception for the elderly and disabled to allow for the homes and to comply with the Federal Fair Housing and Americans with Disabilities acts.

Under the new state laws, no two personal care homes can be located within 1,000 feet of each other, as opposed to 600 feet under the previous laws. And the state now allows up to six unrelated residents to live in a home without getting a zoning variance from the city compared to four under the previous law.

But the new ordinance also adds other requirements that may make it more difficult for the homes to open.

If a facility wishes to house seven or more residents, it must get a zoning variance from the Zoning Board of Adjustment. The new ordinance would require that notice of the zoning variance request be sent to all homes within 1,000 feet of the property line, compared to the 200 feet currently required.

"I'm interested in, very much, in protecting the sanctity and peace and quiet of our neighborhoods," said Mayor Pro Tem Tom Martin.

Added Councilman Gary Boren, "Neighbors don't want traffic."

Opponents of the homes often argue that they bring unnecessary traffic into neighborhoods because of the greater number of people living in the homes, the visitors and the staff necessary to maintain the facilities. They also complain that the homes increase the chances that ambulances will be called to the neighborhood at night, causing a disturbance.

Scoggins said the traffic issues aren't that bad.

"Most of them don't drive," she said. "With the elderly, if they get two visits a week, they're lucky."

Boren also said he wants to make sure that commercial enterprises don't overtake residential areas.

Other changes to the ordinance adjust safety requirements, such as sprinkler systems, fire extinguishers and accessibility.

"If they're going to be there, we're doing everything as a city to make it a safe environment," Boren said.

Martin said he hopes to add an amendment to the ordinance that would require the facilities to get their zoning changed from residential to commercial, which would give the council direct say over the establishment of each home.